Saudi Arabia operates under Sharia law (Hanbali school), with no codified personal status law as of 2025. Paternity is determined by:
(a) The birth mother, who is automatically the legal mother.
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth. Paternity outside marriage is not recognized under Sharia unless exceptionally proven (e.g., rare judicial rulings).
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status is not recognized outside a valid marriage (nikah). If donation occurs within a marriage-like framework and paternity is acknowledged, the donor could theoretically be deemed the legal father, but Sharia invalidates such claims outside legitimate unions.
Assisted Reproduction:
Saudi Arabia has no specific ART law, but assisted reproduction is regulated by fatwas and medical guidelines (e.g., Saudi Health Council). It is permitted in licensed clinics for married heterosexual couples, with strict adherence to Sharia prohibiting donor sperm to avoid lineage confusion (zina).
Informal sperm donation is effectively prohibited under Sharia and not recognized. It is taboo due to religious bans on extramarital conception, and donors lack legal protections against paternity claims.
Single women and same-sex couples have no access to ART; informal donation is culturally and legally precluded.
Sperm Donor Agreements:
There is no legal framework for sperm donation outside marriage in Saudi Arabia. Informal agreements are unenforceable under Sharia, and donors face significant paternity risks if biological ties are proven within a marriage context, as lineage is sacrosanct.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, though such scenarios are legally and culturally impossible under current norms.
Surrogacy:
Surrogacy is not regulated or permitted in Saudi Arabia. Sharia does not recognize it, and the birth mother is the legal mother by default. Surrogacy is banned due to lineage and zina concerns.
Commercial surrogacy is nonexistent, and international arrangements are not recognized.
Parentage Agreements:
Parentage is formalized through marriage and birth registration under Sharia. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and are irrelevant under Islamic law.
Religious courts may establish paternity based on biology within marriage, overriding any informal agreements if disputes arise.